eu institutional system · ec are not the ten commandments, but for practical ends every word can...

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EU Institutional System

Jan TruszczyńskiFormer DG of the Directorate General for Education and Culture

of European Commision

Kyiv, Ukraine

Day 4, 17 November, 2016




European Council

• Main role: to set the general political direction and overall

priorities of the European Union. No legislative function.

• Emerged as informal body in 1974, initiated by FR. Idea was

to have regular discussion forum at highest level and help

in political decision-shaping, found necessary after the first

enlargement of EC. Some meetings at head of

state/government level took place even before (Hague Dec.

1969 discussing plans for monetary union, Paris 1972

deciding on enlarging the EC with UK, IE and DK)

• Has become a formal institution, one of five key bodies

under the treaties, in December 2009 under the Treaty of

Lisbon




European Council

• Has now a permanent President, elected through QMV by heads

of state/government for 2,5 years, with possibility of

reconduction (max term in office: 5 years). Before, the function

rotated between the leaders of the country of the Council

presidency

• President is primarily responsible for preparing and chairing the

European Council meetings. Holds equal status to his /her

national peers. Represents the EC externally on CFSP issues,

attends summits with non-EU countries. Reports regularly on EC

meetings to the European Parliament. Has no executive role, in

his/her work is supported by a team of ca. 30 staff and assisted

by the Secretariat of the Council




European Council

EC convenes four times a year and when additionally needed,

since 2003 only in Brussels. Attendance strictly limited (heads of

state/government, President of Commission, High Representative,

plus a handful of civil servants). Works using its own rules of

procedure. Meetings only behind closed doors. Record during

meetings made only in writing by special officials (Antici), taking

turns. Minutes drawn up and circulated by President and

Secretary General of the Council. Main product of EC: political

conclusions on key EU business and on salient global/international

issues. Content and wording agreed exclusively through consensus

(voting can only take place on specific procedural matters as

foreseen under the Treaties).




European Council

• History since 1970s confirms that several EC meetings, known as „summits”, were real landmarks in development of European integration. EC came to be recognised as supreme political decision maker, indispensable for getting large-scale package deals, clinching compromise solutions on key contested issues and agreeing among the member states on the overall course of action. Without the EC level it would not have been possible, for instance, to agree in 2014 on new goals re greenhouse gas reduction, energy efficiency and use of renewable energies. It is only the EC that can strike final bargains on large distributive issues and policies, like the multiannual financial frameworks or reform of CAP. It is only the EC that can decide on an IGC to discuss EU institutional changes, or on an opening/closure of accession negotiations with a candidate country




Conclusion

None of that is easy. Fixing of the agenda requires consultation.

Mediation between divergent national starting points means a

huge volume of informal negotiation, much of it done by the

prime ministerial „sherpas”, with scores of phone calls by the

President and many „confessional” meetings between him and his

peers, followed very often by ad-hoc negotiation/drafting rounds

between the President and main protagonists. Conclusions of the

EC are not the ten commandments, but for practical ends every

word can have big consequences and therefore matters. After all,

usually these conclusions have to be converted into new

regulations, directives or decisions.




Council of the European Union

Its role and functions:

It is one of the three main institutions, usually referred to simply

as „Council” or „Council of Ministers”. Not to confuse with the

European Council or the Council of Europe ! Often described as the

voice of the EU member states in the European decision-making




Council of the European Union

The Council is there to:

Legislate (for the bulk of EU laws, the Council co-decides

together with the European Parliament)

Coordinate broad economic policy at the EU level

Decide on the EU budget, again together with the European

Parliament

Develop Common Foreign and Security Policy

Coordinate member state police and judicial cooperation on

criminal matters




Its organisation

The Council is comprised of ministerial representatives (i.e. political level, formally accountable to its

national parliament and its citizens), one from each of the 28 EUMS

Its work is structured into different policy areas, reflected in so-called formations or configurations of

the Council; we used to have more than 20 of them, after much streamlining we have 10 following

„Councils”: 1. General Affairs Council. GAC, for fundamental issues concerning European integration;

2. Foreign Affairs Council, FAC, the only one chaired by the High Representative and not by the

Presidency; 3. Economic and Financial Affairs, ECOFIN, probably the formation which carries biggest

political weight and whose members from the Eurozone countries also meet regularly in Eurogroup

format prior to ECOFIN sessions; 4. Justice and Home Affairs (JHA); 5. Employment, Social Policy,

Health and Consumer Affairs (EPSCO); 6. Competitiveness (Internal Market, Industry, Research –

COMPET); 7. Transport, Telecommunications and Energy (TTE); 8. Agriculture and Fisheries

(AGRIFISH); 9. Environment (ENVI); 10. Education, Youth, Culture, Sport (EYCS)

Some councils meet often, 1x per month (GAC, FAC, ECOFIN, AGRI), some only 2x per year (eg. EYCS)

Preparatory work to ministerial sessions done by ambassadors (COREPER I and II), committees and

working groups within the Council, supported by the Council Secretariat




Preparatory machinery of the Council

COREPER monitors and coordinates work of ± 250 committees, working groups and working parties within the Council;

however, work of several permanent committees, so-called treaty committees, is fairly independent on substance and

usually endorsed by Coreper without discussion; these are Economic and Financial Cttee, Political and Security Cttee,

Special Cttee on Agriculture, Article 71 (formerly Art.36) Standing Cttee (on JHA); working groups and parties consist of

EUMS national experts and staff from Permanent Representations, are tasked to examine incoming policy proposals/bills

and to achieve the maximum possible agreement on draft documents/solutions to be proposed to COREPER; currently ±80

WGs in agri field, ±35 in FAC area

COREPER carries out scrutiny of all dossiers on Council agenda, tasked to find solutions acceptable to all. Where no such

outcome reached, it presents to Council suggestions/options/guidance. Just like the Council, it works under the part

A/part B model; i.e., issues agreed without further discussion, and unsolved issues requiring debate. COREPER II are the

EUMS Permanent Represent-atives (deal with political/general issues and CFSP, prepare the GAC/FAC/ECOFIN/JHA).

COREPER I are their Deputies (who cover all the other Council formations)

The Council Secretariat (±3500 staff) coordinates, ensures coherence and keeps institutional me-mory in Council’s work. It

is much more than logistics like translations or keeping record of meetings and distributing documents. It is also political

advice (including drafting work to generate compromise solutions, „honest broker” role) and legal advice (crucial role of

Council’s Legal Service..




Voting in the Council

• Three modes: unanimity, simple majority and qualified majority (QMV). Unanimity still required on matters of CFSP,

JHA, Euro, taxation, social policy. Simple majority only applied on minor strictly procedural matters with 1 vote per

EUMS and majority being now 15 out of 28. Key and most widely used is QMV

Where is the qualified majority voting used? A few key examples: internal market, agriculture, environment, regional

policy, distribution of structural funds, commercial policy, immigration, asylum, appointment of the Commission

President

Since 1/11/2014 the QMV requires 55% of EUMS representing 65% of EU population, so-called „double QMV”. To

block decisions, at least four EUMS needed with 35% of total Union population. This new formula, adopted in the

Treaty of Lisbon, gives more weight to the largest member states. Until 2017, there is a small „safety brake”,

allowing to continue using the previous QMV model, if an EUMS quotes vital interests and at the same time

commits not to block but to contribute expeditiously to an overall compromise

Before, the system was more complex: each EUMS had its own weighting (four largest had 29 votes each, ES/PL had 27

votes each, RO had 14, NL had 12, and so on), the total number of votes was 352, the QMV was 260, and the

blocking minority was 92 votes. There was also a demographic check: each QM had to represent ≥62% of EU

population

Difficult balance between pure intergovernmental approach (one state – one vote, like in the UN) and the more

efficient QMV approach (facilitating work on compromise solutions and shortening the time needed)




Presidency of the Council

• Six-month rotating responsibility of each EUMS to organise and push forward the work in

the Council. Always January-June and July-December. Currently the Netherlands, Slovakia

comes next, starting on 1 July 2016. Should be at all times impartial, look only after the

general good of the EU, and refrain from pushing its own national priorities/concerns

Presidency has to chair all meetings within the Council, organise the work in all its

configurations, propose compromise solutions and strive to reconcile diverging EUMS

views. Its task is also to represent Council vis-a-vis other EU institutions, including

regular reports to the EP (plenary and committee level). On avg during a 6-mth term,

no less than 3000 meetings in Bxl/Lux, and 100+ informal meetings at different levels

in the country of the Presidency

• Since 2009, presidencies do medium-term policy planning in so-called „Trio”configurations, stretching over the coming 18 months. This helps to better distribute theoverall workload ahead and to assure more effective continuity for „long-haul” dossiers.At present, the Trio are NL-SK-MT




EU – Courts of Justice

The Court of Justice

The General Court

The Civil Service Tribunal




It is the judicial institution of the European Union, created in 1952

Its role is to ensure that the EU law is uniformly applied and inter-preted in every Member State and

across the entire EU

The Court of Justice is the highest court of law in the EU, acting as an appeal court from the General

Court. Its competences include: (i) review of the legality of an act of any EU institution, with the

consequence that it may be annulled; (ii) jurisdiction to hear the cases where Member States have

failed to fulfil an obligation under the Treaty, brought before the Court by the Commission or by another

Member State, and resulting in a judgement; (iii) rulings on cases referred to it by national courts in

situations where a national court needs an interpretation of European Union law (preliminary rulings.

The General Court, created in 1988 to help the C ourt of Justice, is the first instance court to hear the

cases of infringement of EU law, brought by natural or legal persons against acts by EU institutions

The Civil Service Tribunal, created in 2004 to ease again the burden of the Court, hears the cases between

the EU and the Staff of EU institutions, bodies or agencies

Since 1952, the Court ruled in more than 28.000 cases. Its workload keeps growing, so despite all the

reforms, increase of the number of judges, and a relatively comfortable operational budget of ca. 350

m€, backlog keeps getting bigger and more reform will be needed




Organisation

The Court of Justice is composed of 28 judges and 9 advocates-general. Judges are proposed

by their national governments and appointed by the Council. They serve six-year terms

(renewable). All work is done in French. Judges can sit in one of the eight Chambers

(comprising 3-4 members), Grand Chamber (13) or full Court (very rare). Their President is

elected by the judges for 3-year term, renewable

The General Court, too, has 28 judges, appointed by the Council for a six-year term

(renewable), and a registrar. Eight chambers, most cases (ca. 80%) heard at that level; but

some cases may be heard by only one judge

The Civil Service Tribunal has seven judges, appointed by the Council for a six-year term,

renewable




Some milestone rulings in the history of the Court

Van Gend en Loos, 1963: the primary law of the Community confers rights on citizens, who can use them

in litigation against the Member States

Costa v. ENEL, 1964: European law takes precedence before those acts of Member State law

which stand in conflict with it

Simmenthal, 1978: national courts can disapply those domestic laws that are in conflict with

the European law

Cassis de Dijon, 1979: goods lawfully produced and released for market in one Member

State can be freely marketed in any other EUMS

Barber, 1990: pension schemes cannot offer different conditions to men and women

regarding entitlements

Francovich, 1990: an EUMS may be sued by a legal or natural person for damages, suffered

because of its failure to transpose an EU directive




Viking and Laval, 2008: industrial actions in an EUMS cannot prevent citizens from other EUMS

from using their right to move to that EUMS and to work in it

Metock, 2008: spouses of EU citizens enjoy free movement rights, even if they enter the EU

for the first time

Test-Achats, 2011: gender-based pricing in the insurance services is discri-minatory

Pringle v. Ireland, 2012: the European Stability Mechanism, introduced in 2011, was not an

unlawful amendment of the EU Treaties

Melloni, 2013: European arrest warrants have to be honoured, even for suspects convicted

abroad in their own absence

Google, 2014: individuals can demand that their personal data be removed from internet

records, to preserve their privacy




Recent and forthcoming developments

Increasing number of cases brought before the courts (in 2015, 1711 new cases, and 1755

cases completed, an all-time high on both counts), General Court clogged by highly complex

and bulky litigation on intellectual property issues and on competition, further rise expected

on IPR and on the chemicals (REACH regulation)

The Court hears more and more the cases related to human rights of the individuals

(immigration and refugee policy, gender equality, rights of the minorities, rights of persons

affected by EU sanctions); if the EU accedes to the European Convention on Human Rights,

one should expect leap change in the number of cases; as the Court has gained since

1/12/2014 the full jurisdiction over EU police and justice matters, the need to use

„procedure prejudicielle d’urgence” is likely to grow fast

Remedies? More judges (General Court to double their number in three stages between

2015 and 2019). Also, streamlining as of 1 July 2015 of the administrative rules of procedure

of the General Court to increase efficiency. May not be enough




European Commission*A Supranational Body?

At first glance, EC looks almost like a government for Europe, with wide powers in

the field of lawmaking, extensive responsibilities in policy implementation,

Commissioners enjoying the status equal to national ministers and independent

(to quote the Treaty, „may neither seek nor take instructions from any Government or

other institution, body, office or entity”)

Closer look reveals that: (i) Commission does propose legislation, but final say on

it is with the Council and European Parliament; (ii) management of policies and

programmes is mostly done indirectly, depending on players at the

national/regional level, and supervised across the board by the EUMS; (iii)

Commissioners do not have exclusive political responsibility for their portfolios

and all decisions can only be taken in gremio by the College




Commission’s main competences

To make legislative and policy proposals: almost exclusive right of initiative (but since Lisbon there

is the „citizen initiative”, also ? of EUMS upon recommendation from ECB or upon request from

ECJ)

To ensure, as with the ECJ, that the EU laws are implemented fully and correctly in the EUMS, and

to perform the watchdog role for the EU primary law („gardienne des traites”)

To implement the political decisions of European Council/Council

To manage the administration of funds and financial instruments under the annual EU budget, and

to implement policies/programmes funded by these moneys

To represent the EU, under mandates from the Council, in negotiations with third countries and

certain international organisations




How is the Commission organised?

At the top, the College: President of the Commission (more than primus inter pares) and 27

Commissioners (1 national of each EUMS). Novelty of the current Juncker Commission: to

dismantle silo approach and improve coherence on cross-cutting issues, 7 Vice-Presi-dents without

own departments, but with coordinating responsibilities (better regula-tion; digital single market;

energy union; euro & social dialogue; foreign affairs; jobs/growth/investment; budget/resources)

Commissioners assisted by cabinets (up to 8 policy Staff, nominally advisory and coordi-nation

role, but also growing rivalisation with DGs on policy-shaping substance)

In current administrative structure, 33 departments (directorates-general) and 11 services, policy-

making parts roughly corresponding qua portfolio and size to national ministries (from ± 200 to ±

1000 staff, divided into directorates and units, 20 staff seen as roughly optimal size per unit)

Commission representation in each EUMS; before Lisbon, also delegations in third countries

managed by the Commission

Programme mgt work increasingly outsourced to executive agencies and bodies in EUMS




How is work organised internally?

Work programming and planning: starts with orientation debate among Commissioners, then comes

the Annual Policy Strategy, followed by dialogue with Council and EP, and then reflected in

Preliminary Draft Budget and in Commission Work Programme

Annual implementation uses tools of Activity Based Management; objectives/indicators under ABM

are used in evaluation and reporting → Annual Activity Reports at level of each DG and synthesis

report for the whole Commission

In the field of lawmaking and policy making the Commission prepares: (i) autonomous acts

(Commission directives/decisions/regulations/recommendations, opinions, decisions taken after

comitology procedure); (ii) legislative proposals (proposals for Council/EP regulations,

decisions/directives, modified or re-examined proposals); (iii) non-legislative documents

(communications/reports/memoranda, white and green papers, Commission staff working docs)

Lead DG is in charge of running ISG preparatory work, producing text, putting it through inter-service

consultation; then come „special Chefs” and „hebdo” meetings at the level of SG + cabinets; finally,

the College deliberates




Deliberations of the College

College meets every Wed at 09:00 in Bxl, and on Tue before the EP plenary in Strasbourg

Examines the files on which HoCs did not reach agreement

College adopts or postpones the proposed decisions

Four procedures for decision-taking:

Oral procedure: reserved for major dossiers (change of political orientation, high sensitivity in several EUMS,

cross-cutting nature, disagreements persist between the services)

Written procedure: where no debate needed and act deemed adopted if nobody indicates a reserve until

deadline (purpose is to unburden the College of issues which have no big political weight)

Empowerment: where mandate given by the College in its meeting to one or several Commissioners to take

measures under its name and responsibility, within strict limits and conditions (basically for clearly defined

management/administrative acts, where margin of discretion is limited)

Delegation: mandate given by the College in its meeting to a DG or Head of Service to act in its name (on

technical matters, where margin of discretion is strictly limited and well regulated)

College can decide by absolute majority (15 out of 28, absences count as „nay” votes), but in practice for

many years already has only been deciding by consensus, voting practically never takes place




European Parliament

Among the European institutions, the only one which is democratically elected

This body started to call itself „European Parliament” already in 1958, but

carried the title of Assembly until the Maastricht Treaty (1992)

Until the Treaty of Lisbon, was defined as consisting of „the representatives of

the peoples of the States brought together in the Community”; now it is

„composed of re-presentatives of the Union’s citizens”. So the EU citizens are

seen as one single elect-orate; but elections still held in each EUMS separately

Number of members kept growing: in 1958 EP had 142 seats, in 1973 it grew

to 198, in 1979 to 410, then to 518 after Southern enlargement, to 567 after

German reunification, to 626 after Nordic enlargement, to 785 after 2004.

Now, as laid down in Lisbon Treaty, there are 751 seats (750 MEPs + the

President)




European Parliament* Functions

Most importantly, the EP legislates, being on an equal footing with the Council, under the ordinary legislative procedure

(but, just like Council, it cannot itself propose draft legislation, it can only request the Commission to submit legislative

proposals)

EP also has broad budgetary powers: it co-decides with the Council on all expenditure of the EC; it adopts (can also reject)

the annual draft budget of the EU submitted by the EC; gives final approval to the EC on the implementation of annual

budget

Supervision: powers of the EP in this field are basically about the performance of the Commission (strong role of the EP

Cttee on Budgetary Control, but also hearings and parliamentary questions). Has no say, unlike the national parliaments,

on the Council

Power of consent regarding EU’s international agreements and accession of new EUMS to the Union; EP cannot amend

anything, but can reject by absolute majority, and has done so on one of recent EU-US agreements

Power of approval (for the candidate President of the Commission, and for the new College of Commissioners)




European Parliament – organisation

President – elected by EP for a term of 2,5 years (renewable). Represents the EP to other EU institutions (eg. is always invited

to take part in the opening round of the European Council) and internationally. Chairs the plenary sessions of the EP. Presides

the work of the Bureau and of the Conference of Presidents’ (see below)

The Bureau and the Questors – decides on the internal rules of the EP and on its budget, there are 14 Vice-Presidents and 5

Questors (the latter oversee the administration and finances of the EP)

The Conference of Presidents – along with 20 members of the Bureau it includes the chairs of 7 political groups. Decides on

the agendas of plenary sessions and on the allocation of incoming legislative and political dossiers to EP committees

Political groups – must be at least 25 MEPs from at least ? of EUMS, composed by national political parties in line with

political affiliation and not with passport. After 2014 elections, main groups remain PPE (221 seats), Socialists&Democrats

(191), European Conservatives and Reformists (70), Alliance of Liberals and Democrats for Europe (67). There are also

Greens, far left (GUE/NGL), and conservative right (EFD); more than 50 MEPs are not affiliated (non inscrits). Each group has a

secretariat to support its MEPs (administrative back-up, drafting reports). Size of the group matters: more funding, more

chairmanships of EP committees, more speaking time in plenary. The groups elect the Bureau, the committee chairs and vice-

chairs, as well as rapport-eurs and members for each committee Parliamentary committees – 20 in number, membership

ranging from 25 to ± 80 (AFET, DEVE, INTA, BUDG, CONT, ITRE, IMCO, AGRI, TRAN, REGI, EMPL, ECON, LIBE, CULT, AFCO),

work of legislative or advisory nature, key roles played of course by the chairs, but also by coordinators (each group appoints

a coordinator for each committee, to cooperate with the chair, with the rapporteurs, and to prepare voting guidance)

Interparliamentary delegations and Joint Parliamentary Committees, 35 in total, the latter to regularly oversee the relations

between the EU and its candidate countries and associated countries Secretariat (± 5000 staff), located in Brussels and in

Luxembourg EP seats under the Treaty (TEU) are allocated using the degressive proportionality approach, DE has largest

„quota”: 96, the four smallest (EE, LU, CY, MT) have 6 each.




European Parliament – work

Plenaries – a four-day-long session from Monday to Thursday, every month

except in August, in Strasbourg; also, so-called „mini-plenaries”, Wed+Thu,

6x per year, in Brussels

Committees – prepare the work at plenary level, meet as a rule in Brussels

during the two weeks following after each Strasbourg plenary

Political groups – use the remaining, fourth week of a month, usually in

Brussels, but can also meet in the member states

As MEPs also have to look after their constituency, they mostly do it on

Fridays and during the weekend

eu institutional system · ec are not the ten commandments, but for practical ends every word can...

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